KENNETH J. COLLINS, CSBN 100579 ATTORNEY AT LAW · 2018. 7. 21. · vs. NANCY A. BERRYHILL, Deputy Commissioner for Operations, performing the duties and functions not reserved to

Stipulation for the Award and Payment of Attorney Fees Pursuant to the Equal Access to Justice Act, Case No 1:16-cv-06292-RMI, Page 1 of 3

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KENNETH J. COLLINS, CSBN 100579 ATTORNEY AT LAW P.O. BOX 1193 ARCATA, CA 95518 (707) 822-1611 FAX (707) 822-1044EMAIL: [email protected]

ATTORNEY FOR PLAINTIFF

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

EUREKA DIVISION

ALICE HADLEY TRUE CRAIN,

Plaintiff,

vs.

NANCY A. BERRYHILL, Deputy Commissioner for Operations, performing the duties and functions not reserved to the Commissioner of Social Security,

Defendant.

Case No.: 1:16-cv-06292-RMI

STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), AND [PROPOSED] ORDER

TO THE HONORABLE ROBERT M. ILLMAN, MAGISTRATE JUDGE OF THE

DISTRICT COURT:

Plaintiff’s Counsel, Kenneth J. Collins passed away on April 23, 2018. Jennifer Collins

is the special administrator of the Estate of Kenneth J. Collins. A copy of the Order for Probate

Special Administrator dated June 8, 2018 is attached as Exhibit 1.

IT IS HEREBY STIPULATED by and between the parties through their undersigned

counsel and special administrator, Jennifer Collins for the Estate of Kenneth J. Collins, subject to

mastersongCross-Out

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the approval of the Court, that Plaintiff be awarded attorney fees in the amount of FIVE

THOUSAND, FOUR HUNDRED DOLLARS AND 00/100 CENTS ($5,400.00) under the

Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation

for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil

action, in accordance with 28 U.S.C. §§ 1920; 2412(d) (Attorney’s hourly rate is $192.68 times

28.10 hours equals $5,414.30).

After the Court issues an order for EAJA fees to Plaintiff, the government will consider

the matter of ALICE CRAIN assignment of EAJA fees to the Estate of Kenneth J. Collins. The

retainer agreement containing the assignment is attached as Exhibit 2. Pursuant to Astrue v.

Ratliff, 130 S.Ct. 2521, 2529 (2010), the ability to honor the assignment will depend on whether

the fees are subject to any offset allowed under the United States Department of the Treasury's

Offset Program. After the order for EAJA fees is entered, the government will determine

whether they are subject to any offset.

Fees shall be made payable to ALICE CRAIN, but if the Department of the Treasury

determines that ALICE TRUE CRAIN does not owe a federal debt, then the government shall

cause the payment of fees, expenses and costs to be made directly to Mr. Collins, pursuant to the

assignment executed by ALICE CRAIN. Any payments made shall be delivered to Mr. Collins.

This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA

attorney fees, and does not constitute an admission of liability on the part of Defendant under the

EAJA or otherwise. Payment of FIVE THOUSAND, FOUR HUNDRED DOLLARS AND

00/100 CENTS ($5,400.00) in EAJA attorney fees, shall constitute a complete release from, and

bar to, any and all claims that Plaintiff CRAIN and Plaintiff’s Attorney Kenneth J. Collins may

have relating to EAJA attorney fees and expenses in connection with this action. This award is

without prejudice to the rights of Plaintiff’s Attorney, Kenneth J. Collins to



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seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause

provisions of the EAJA.

Respectfully submitted,

Dated: June 29, 2018 /s/ Jennifer Collins JENNIFER COLLINS Special Administrator for the Estate of Kenneth J. Collins, Attorney for Plaintiff

Dated: June 29, 2018 ALEX G. TSE Acting United States Attorney

/s/ Jeffrey Chen JEFFREY CHEN Special Assistant United States Attorney Attorneys for Defendant

ORDER

PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded

attorney fees in the amount of

, as authorized by 28 U.S.C. 2412(d), subject to the terms of the above-referenced

Stipulation.

Dated: HONORABLE ROBERT M. ILLMAN United States Magistrate Judge

mastersongTypewritten TextFIVE THOUSAND FOUR HUNDRED DOLLARS AND

mastersongTypewritten Text00/100 CENTS ($5,400.00).

mastersongTypewritten Text


mastersongTypewritten Text7/2/2018


mastersongNew Stamp

/

') l DE-150

TELEPHONE AND FAX NOS ; FOR COURT USE ONLY ATIORNEY OR PARTY WITHOUT ATIORNEY(Nomo, IID/o bornumbor, Dndoddra#l)

~ MENDOZA-STOVER 248544

(707) 725- 4426 (707) 725-5738

THE HARLAND LAW FIRM LLP 954 MAIN STREET FORTUNA, CA 95540

ATIORN~ FOR (Namt)Peti t i oner SUPERIOR COURT OF CALIFORNIA, COUNTY OF HUMBOLDT B JUN 0 •! 2018

STREET ADDRESS: 825 li'IFTH STREET MAILING ADDRESS:

CrTYANDZIPCODe.EUREKA, CA 95501 BRANCH NAME.

ESTATE OF (Name): KENNETH JAMES COLLINS aka KEN COLLINS aka KENNETH J. COLLINS aka KENNETH COLLINS

LETTERS DECEDENT

SUPERIO!i Cf1URT OF r..~Lif-OR!•ll/1 COLiJf( UF llUiir!30LOT

0 TESTAMENTARY 0 OF ADMINISTRATION 0 OF ADMINISTRATION WITH WILL ANNEXED SPECIAL ADMINISTRATION

LETTERS 1. D The last will of the decedent named above having

been proved, the court appoints (name) :

a. D executor. b. D administrator with will annexed.

2. (iJ The court appoints (name) : JENNIFER COLLINS a. D administrator of the decedent's estate. b. (iJ special administrator of decedent's estate

(1) [iJ with the special powers specified In the Order for Probate.

(2) D with the powers of a general administrator.

(3) ~ letters will expire on (date) : ON ISSUANC.Iil OF GlilN.IilRAL LE'l!'l'ERS

3. D The personal representative is authorized to administer the estate under the Independent Administration of

Estates Act D with full authority D with limited authority (no authority, without court supervision, to (1) sell or exchange real property or (2) grant an option to purchase real property or (3) borrow money with the loan secured by an encumbrance upon real property).

4 D The personal representative Is not authorized to take possession of money or any other property without a speclflc court order.

WITNESS, clerk of the court, with seal of the court affixed,

J~J'~j~\C~~~~-:,~b~~ornia DE· ISO \Rov. January 1, 10981

Mnnda O!Y Form J1f112000(

CEB' j Essential ~b.com H)Forms-

AFFIRMATION 1. 0 PUBLIC ADMINISTRATOR: No affirmation required

(Pro b. Code, § 7621 (c)) .

2. [iJ INDIVIDUAL: I solemnly affirm that I will perform the duties of personal representative according to law.

3. 0 INSTITUTIONAL FIDUCIARY (name) :

4.

I solemnly affirm that the institution will perform the duties of personal representative according to law. I make this affirmation for myself as an individual and on behalf of the institution as an officer. (Name and title) :

, California.

I certify that this document Is a correct copy of the original on file in my office and the letters issued the personal representa-tive appointed above have not been revoked, annulled, or set aside, and are still in full force and effect.

LETTERS (Probate)

Probato Code, §~ 1001. 8403, 8405, 8544, 8545,

Code of Civil Procedure, § 2015_6

Collins Jennifer

N

Exhibit 1 to EAJA Stipulation, Case No. 1:16-cv-06292-RMI, Page 1 of 3

(

DE-140 a-

) ATTORNEY OR PART~ WITHOUT ATTORNEY (Name statet ,!seer, and acidfl!SS) TELEPHONE AND FAX Na FOR COURT USE DNL Y - l'-:Mi HP'NDOZA-STOVER (CSB :.....- 544) (707 ) 725-4426

THE HAALAND LAW FIRM LLP 954 MAIN STREET FORTUNA , CA 95540

ATTORNEY FOR (N•meJ Petitioner F" ~L r...,., D .J I"' • SUPERIOR COURT OF CALIFORNIA, COUNTY OF HUMBOLDT

. ..... _ , ~l't:

STREET ADDRESS 825 FIFTH STREET ·.B JUN 0 1 2018 MAILING ADDRESS

CITY AND ZIP CODE EUREKA 1 CA 95501 CUPE~Ilm ~CURT or: C'f.. l.lfORIJ IA BRANCH NAME COl!J'J) Y Of llU:\l!3CLD"f

ESTATE OF (Name) : KENNETH JAMES COLLINS aka KEN COLLINS a k a KENNETH J. COLLINS aka KENNETH COLLINS DECEDENT

ORDER FOR PROBATE CASE NUMBER

ORDER D Executor APPOINTING D Administrator w ith Will Annexed ·o ·~ ] n ') · ~ · 1 (' i' J{iJ • 0 Administrator liJ Special Administrator • ~ 111, l. q,,) \! ' _... r:...J ) D Order Authorizing Independent Administration of Estate - r:J with fuii authority r:J with limited authority

WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.

1. Date of hearing : NONE REQUIRED THE COURT FINDS

Time: 2: 00 pm

2. a. All notices required by law have been given. b. Decedent died on (date):4/23/2018

(1) liJ a resident of the California county named above.

Dept./Room: 6

(2) r:J a nonresident of California and left an estate in the county named above. c. Decedent died

(1) IJQ Intestate (2) D testate and decedent's will dated: and each codicil dated: was admitted to probate by Minute Order on (date) ·

THE COURT ORDERS 3. (Name) : JENNIFER COLLINS

Is appointed personal representative: a. D executor of the decedent's will d. liJ special administrator

Judge:

b. D administrator with will annexed (1) r:J with general powers

-

c. D administrator (2) liJ with special powers as specified in Attachment 3d(2) (3) liJ without notice of hearing (4) liJ letters will expire on (date) : issuance of general

and letters shall issue on qualification. 4 . a. D Full authority Is granted to administer the estate under the Independent Administration of Estates Act.

letters

b. D Limited authority is granted to administer the estate under the Independent Administration of Estates Act (there is no authority, without court supervision, to (1) sell or exchange real property or (2) grant an option to purchase real property or

(3) borrow money with the loan secured by an encumbrance upon real property). 5. a. liJ Bond is not required.

b. r:J Bond is fixed at: $ provided by law.

c. D Deposits of: $ location) :

to be furnished by an authorized surety company or as otherwise

are ordered to be placed in a blocked account at(specify institution and

and receipts shall be filed. No withdrawals shall be made without a court order. D Additional orders in Attachment Sc. d. D The personal representattve is not authorized to take possession of money or a'}'t.~the r property without a specific court order.

6 . D (Name) : Is appointed probate ref ee.

Date:

7. D Number of pages attached: f I I f•i\l"'o'f.ld by Jl•·,e

Ju(UCIDI Counc11 ot Cahtorma DE·1 ~0 ~Rev January 1, 11198)

Manda Oly Form fl/112000)

C[B. Essential ceb.com ,.!:~·

D SiGNATURE FO ORDER FOR PROBAT

Gregory Elvina-Kreis JUDGE OF THE SUPERIOR COURT

Probale Code §§ 8006 s.lOO

Collins J ennifer

\

.\


Estate of Keru1cth James Collins

~, _, •] ,..... n ·~ r:) .... ' w~~ : •r . ~. j : ' ) l ~ ,: . . J. ;:.:, .:... ll ) r.,.) ..:.. : • . .' •,)

ATTACHMENT 3d(2)

The immediate appointment of a special administrator is necessary because the decedent has an active law practice and no one has authority to continue the operation of the business. A special administrator needs to be appointed to oversee the management of business, and tend to the day to day operations necessary to continue the operation of the business.

Reguested Powers: take all action necessary to manage decedent's business, including but not limited to:

a. Execute documents necessruy to transfer cases to new attorneys;

b. File fee petitions for cases that decedent prevailed in where decisions were entered after his death;

c. Access bank accounts and issue payroll and handle activities necessary for the continued operation of the business until it can be closed.

GIVEN UNDER MY HAND AND THE SEAL OF THE SUPER:On COURT OF CALIFOf!INIA. COUNTY OF HUMBOLDT.

THIS ...,.-',~.LM'h4-9-----l:....t\l'il?-..,.,......,,..,..

BY ~..;._.;..:...~~:=:=:.,~~~rnt-ilnt-+lA


Documents

KENNETH J. COLLINS, CSBN 100579 ATTORNEY AT LAW · 2018. 7. 21. · vs. NANCY A. BERRYHILL, Deputy Commissioner for Operations, performing the duties and functions not reserved to